Request for Quote Number:
ADED15-00005257
Quotation Due Date/Time:
June 4, 2015 3:00 pm
Submittal Location:
https://procure.az.gov
Description of Procurement:
Test Security Audit
Procurement Specialist:
Kimberly Grantham
In accordance with R2-7-D302, a request for quotation shall be issued for purchases not exceeding the estimated amount defined A.R.S §41-2535 and shall be awarded to a small business, if practical. A small business is defined in R2-7-101 as a for-profit or not-for-profit organization, including its affiliates, with fewer than 100 fulltime employees or gross annual receipts of less than $4 million for the last complete fiscal year. In accordance with Arizona Revised Statute 41-2535(B), this purchase is restricted to small businesses, if practicable. Please check if applicable: _____I certify that my company is a Small Business. A Small Business is defined as a company having fewer than one hundred (100) employees or less than four million dollars ($4,000,000) in gross receipts
The Quotation shall be submitted in an acceptable format, as described herein, using the State’s online eProcurement application ProcureAZ at https://procure.az.gov. Submission of quotes by means other than the ProcureAZ system will not be accepted. To submit an Offer, Offerors shall register in the ProcureAZ system. Offerors requiring assistance in the registration process or in navigating the ProcureAZ system may call the Help Desk at 602-542-7600.
OFFERORS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE SOLICITATION.
Kimberly Grantham
June 2, 2015
Senior Procurement Specialist
Date
Patty Clark
June 2, 2015
Chief Procurement Officer
Date
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Arizona Dept. of Education
Offer and Acceptance Quotation No.: ADED15-00005257 OFFFEROR:
1535 W. Jefferson Street Phoenix, AZ 85007
OFFER TO THE STATE OF ARIZONA: The Undersigned hereby offers and agrees to furnish the material, service or construction in compliance with all terms, conditions, specifications and amendments in the Solicitation and any written exceptions in the offer. Signature also certifies Small Business status.
City
Company Name
Signature of Person Authorized to Sign Offer
Address
Printed Name
State
Zip
Title Phone: Fax:
Contact Email Address By signature in the Offer section above, the Offeror certifies: 1. The submission of the Offer did not involve collusion or other anticompetitive practices. 2. The Offeror shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246, State Executive Order 2009-9 or A.R.S. §§ 41−1461 through 1465. 3. The Offeror has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer. Failure to provide a valid signature affirming the stipulations required by this clause shall result in rejection of the offer. Signing the offer with a false statement shall void the offer, any resulting contract and may be subject to legal remedies provided by law. 4. The Offeror certifies that the above referenced organization ___ IS/ ___ IS NOT a small business with less than 100 employees or has gross revenues of $4 million or less.
ACCEPTANCE OF OFFER The Offer is hereby accepted. The Contractor is now bound to sell the materials or services listed by the attached contract and based upon the solicitation, including all terms, conditions, specifications, amendments, etc., and the Contractor’s Offer as accepted by the State. This Contract shall henceforth be referred to as Contract No________________________________________________. The effective date of the Contract is ____________________________________________________.
The Contractor is cautioned not to commence any billable work or to provide any material or service under this contract until Contractor receives purchase order, contact release document or written notice to proceed. State of Arizona Awarded this Rev 10-2013
day of
2015
Procurement Officer
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Request For Quotation ADED15-00005257 Special Instructions 1.
Submission: In accordance with the Uniform Instructions 3.1, offers in response to this solicitation shall be submitted within the State's eProcurement system, PROCUREAZ (https://procure.az.gov). Offers shall be received before the date/time listed in the solicitation's 'Bid opening date field. Offers submitted outside PROCUREAZ, or those that are received on or after the date/time stated in the 'Bid opening date' field, shall be rejected. Questions in this regard shall be directed to the Procurement Officer or to the PROCUREAZ Help Desk (
[email protected] or 602-542-7600). It is the responsibility of the vendor to routinely check the State ProcureAZ web site for Solicitation Amendments. Complete the pricing in the Items tab area in ProcureAZ. No other format for pricing will be accepted.
2.
Inquiries: Any questions related to this Request for Quote shall be submitted through the ProcureAZ website using the Q & A Tab associated with this solicitation. The Offeror shall not contact or ask questions of the Department for which the requirement is being procured. Any correspondence related to a solicitation should refer to the appropriate solicitation number, page and paragraph number.
3.
Opening: This is an informal quotation, which will not be read at a public opening; however, the information may be publicly reviewed after an award.
4.
Standard Provisions: The State of Arizona's Uniform Instructions and Uniform Terms and Conditions, are incorporated into this document by reference, and may be obtained at the following link
https://d30n9l1aod6nvz.cloudfront.net/sites/default/files/documents/files/Uniform%20Instructions%20to%20Offerors%20%28rev %209-2014%29.pdf https://d30n9l1aod6nvz.cloudfront.net/sites/default/files/documents/files/Uniform%20Terms%20and%20Conditions%20V9_%28 Rev%207-1-2013%29.pdf 5.
Taxes: The State of Arizona is exempt from Federal excise Tax, including the Federal Transportation Tax.
6.
Offer Acceptance Period: Quotations shall be an irrevocable offer for 120 days after opening time and to allow the ADE sufficient time to evaluate the responses.
7.
Rights Reserved: The right is reserved to reject any or all quotations, or to waive any informality in any quotations received or to accept all or any part of any quotation considered advantageous to the State Agency.
8.
Unit Price: In case of error in the extension prices in the quotation the unit price will govern. No quotation shall be altered, amended or withdrawn after the specific date and time for receiving quotations. Negligence by the vendor in preparing the quote confers no right for the withdrawal of the quotation after is has been opened.
9.
Responsiveness: The State shall consider the quotations conformance to all material respects to the requirements and criteria set forth in the solicitation in determining the Offeror’s responsibility, as well as the quotation’s responsiveness and susceptibility for contract award.
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Request For Quotation ADED15-00005257 Special Instructions 10. Evaluation: In accordance with the Arizona Procurement Code 41-2535, procurements not exceeding the aggregate dollar amount of one hundred thousand dollars shall be restricted to small business, if practicable. The purchases estimated to exceed $5,000 but less than $100,000 shall be evaluated utilizing the following evaluation factors: •
Awards shall be made to the responsible Offeror whose proposal is determined in writing to be the most advantageous to the State based upon the evaluation criteria listed below. The evaluation factors are listed in their relative order of importance. Exceptions to the Terms and Conditions, as stated in the Uniform Instructions will impact an Offeror’s susceptibility for award. o
o
o
Method of Approach and Implementation Plan: Overview that indicates an understanding of the requirements of the Statement of Work. ADE will evaluate the Offeror’s response to determine how well it satisfies ADE’s needs as stated in the statement of work. Experience, Capability and Reliability of the Firm: Offeror shall provide the resumes of the initial key personnel, including the proposed project manager and the proposed manager’s history of achievements on projects which are similar in size and complexity. Cost: while cost is a significant factor in considering the placement of the awards, it is not the only factor. The award will not be based on price alone, nor will it be based solely upon the lowest fees submitted.
11. Clarifications: Upon receipt and opening of quotations submitted in response to this solicitation, the State may request oral or written clarifications, including demonstrations or questions and answers, for the sole purpose of information gathering or of eliminating minor informalities or correcting nonjudgmental mistakes in the response. Clarifications shall not otherwise afford the Offerors the opportunity to alter or change its quotation. 12. Discussions: In accordance with A.A.C R2-7-D302, after the initial receipt of the quotations, the State may conduct discussions with those Offerors who submit quote determined by the State to be reasonably susceptible of being selected for award. 13. Best and Final Offer: If discussions are conducted, the ADE shall issue a written request for best and final offers. The request shall set forth the date, time and place for the submission of best and final offers. Best and final offers shall be requested only once, unless the ADE makes a determination that it is advantageous to conduct further discussions or change the solicitation requirements. 14. Public Record: All Quotations submitted in response to this Request for Quote shall become the property of the State and shall become a matter of Public Record available for review, subsequent to the award notification, as provided for by the Arizona Procurement Code. 15. Reasons For Cancellation: Materials, supplies or services provided under this contract shall comply with specifications and any noncompliance constitutes a breach of contract and the State may exercise any of it rights and remedies.
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Request For Quotation ADED15-00005257 Special Instructions 16. Anticipated Timeline ACTIVITY DATE RFQ Issue Date June 2, 2015 Quotation Due Date June 4, 2015 *Evaluations TBD *Oral Presentations (if needed) TBD *Best and Final Offer TBD * Award Date June, 2015 * These dates are estimates only, and are subject to change without prior notice.* 17. Additional Terms And Conditions: Submission of additional terms, conditions or agreements with the submitted quote may result in rejection of the quote. 18. Suspension Or Debarment Certification: By signing the offer section of the offer and acceptance, the bidder or offeror certifies that the firm, business or person submitting the bid or offer has not been debarred, suspended or otherwise lawfully precluded from participating in any public procurement activity with any federal, state or local government. Signing the offer section without disclosing all pertinent information about a debarment or suspension shall result in rejection of the bid or offer or cancellation of a Contract. The State also may exercise any other remedy available by law. 19. Electronic Documents: This solicitation document is provided in an electronic format. Any unidentified alteration or modification to any solicitation documents, to any attachments, exhibits, forms, charts or illustrations contained herein shall be null and void. In those instances where modifications are identified, the original document published by the State shall take precedence. As provided in the Uniform Instructions to Offerors, Offerors are responsible for clearly identifying any and all changes or modifications to any solicitations document upon submission to the State.
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Request For Quotation ADED15-00005257 Special Terms and Conditions 1.
Purpose: Pursuant to provisions of the Arizona Procurement Code, A.R.S. § 41 2501 et seq., the State of Arizona intends to establish a Contract for services as listed herein in service to the Arizona Department of Education.
2.
Term of Contract: The term of any resultant Contract shall commence on date of award until completion and final sign off for the project by the ADE representative. The completion date should be no later than August 21, 2015.
3.
Contract Type: Firm fixed price
4.
Single Award: ADE reserves the right to make a single award for this requirement.
5.
Other Contracts: The requirements of the scope of work may require the Successful Bidder to work closely with other Contractors that have been awarded contracts that relate to performance of this awarded contract.
6.
Licenses: Contractor shall maintain in current status all Federal, State and Local licenses and permits required for the operation of a business conducted by the contractor.
7.
Information Disclosure: The Contractor shall establish and maintain procedures and controls that are acceptable to the State for the purpose of assuring that no information contained in its records or obtained from the State or from others in carrying out its functions under the Contract shall be used or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Contract. Persons requesting such information should be referred to the State. The Contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under the Contract, unless otherwise agreed to in writing by the State.
8.
Key Personnel: It is essential that the Contractor provide an adequate staff of experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract. The Contractor must assign specific individuals to the key positions. Once assigned to work under the contract, key personnel shall not be removed without prior written approval of the ADE. If the Contractor removes Key personnel, they must be replaced at the time of such removal with personnel of equal or higher abilities and qualifications. Removal of key personnel shall not affect the contractor’s commitment to meet all schedules and deliverables. The Contractor shall bear all transitional expenses incurred for any costs associated with removing or replacing key personnel who are performing work under this Contract. The Contractor shall ensure that all personnel performing services under this contract are competent and knowledgeable of the contractual requirements. The contractor shall be solely responsible for the conduct of its employees, agents, and subcontractors, including all acts and omissions. The ADE reserves the right to require the immediate removal of any employee, agent, or subcontractor who the State believes has failed to comply or whose conduct or behavior is unacceptable or unprofessional or results in a security or safety breach.
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Request For Quotation ADED15-00005257 Special Terms and Conditions 9.
Non-Exclusive Contract:
Any Contract resulting from this solicitation shall be awarded with the understanding and agreement that it is for the sole convenience of the State of Arizona. The State reserves the right to obtain like goods or services from another source, when necessary, or when determined to be in the best interest of the State. 10. Estimated Usage: The Contract shall be on an as needed, if needed basis. The State makes no guarantee as to the amount of usage that may occur under a resultant contract. 11. Employees of the Contractor: All employees of the Contractor employed in the performance of work under the Contract shall be considered employees of the Contractor at all times, and not employees of the ADE or the State. The Contractor shall comply with the Social Security Act, Workman’s Compensation laws and Unemployment laws of the State of Arizona and all State, local and Federal legislation relevant to the Contractor’s business. 12. Order Process: The award of a Contract shall be in accordance with the Arizona Procurement Code. Any attempt to represent any material and/or service not specifically awarded as being under Contract with ADE is a violation of the Contract and the Arizona Procurement Code. Any such action is subject to the legal and contractual remedies available to the state inclusive of, but not limited to, Contract cancellation, suspension and/or debarment of the Contractor. 13. Contractor Performance Reports: Program management shall document Contractor performance, both exemplary and needing improvements where corrective action is needed or desired. Copies of corrective action reports will be forwarded to the ADE Procurement Office for review and any necessary follow-up. The Procurement Office may contact the Contractor upon receipt of the report and may request corrective action. The Procurement Office shall discuss the Contractor’s suggested corrective action plan with the Procurement Specialist for approval of the plan. 14. Changes: ADE reserves the right to revise the delivery schedule and make other changes within the Scope of Work as may be deemed necessary to best serve the interest of ADE. All changes shall be documented by formal amendments to the Contract. Changes made without benefit of a formal amendment will not be valid. 15. Purchase Orders: Work for ADE under this Contract will be funded and ordered through separate purchase orders issued by ADE through ProcureAZ. 16. Payment/Invoices & Mailing of Payments: The Contractor shall submit invoices to
[email protected] and the invoices shall include: A. Company Name B. Complete address C. Telephone Number D. Contact Person E. Itemized services, description, quantity, unit of measure, unit price, and extended price of supplies delivered (including dates services were performed) F. Purchase Order Number G. Invoice date H. Contract number I. Invoice Number
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Request For Quotation ADED15-00005257 Special Terms and Conditions J.
Shipping and payment terms
The Contractor is responsible to insure that all invoices submitted for payment are completed with the above information and in strict accordance with the price (s) offered on the quotation’s Cost Form. 17. Inspection and Acceptance: All services, data and required reports are subject to final inspection, review, evaluation and acceptance by the ADE. The ADE may withhold payment for services that are deemed to not meet Contract standards. 18. Authorization for Services: Authorization for purchase of services under this Contract shall be made only upon ADE issuance of a Purchase Order that is signed by an authorized agent. The Purchase Order will indicate the Contract number and the dollar amount of funds authorized. The Contractor shall only be authorized to perform services up to the amount on the Purchase Order. ADE shall not have any legal obligation to pay for services in excess of the amount indicated on the Purchase Order. No further obligation for payment shall exist on behalf of ADE unless a) the Purchase Order is changed or modified with an official ADE Procurement Change Order, and/or b) an additional Purchase Order is issued for purchase of services under this Contract. 19. Indemnification Clause: To the extent allowed by law, Contractor shall defend, indemnify, and hold harmless the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of, or recovered under, the Workers’ Compensation Law or arising out of the failure of such contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the State of Arizona, its officers, officials, agents and employees for losses arising from the work performed by the Contractor for the State of Arizona. This indemnity shall not apply if the contractor or sub-contractor(s) is/are an agency, board, commission or university of the State of Arizona. 20. Insurance Requirements: Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract, are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this contract by the Contractor, its agents, representatives, employees or subcontractors, and Contractor is free to purchase additional insurance.
A. Minimum Scope And Limits Of Insurance: Contractor shall provide coverage with limits of liability not less than those stated below. 1.
Commercial General Liability – Occurrence Form Policy shall include bodily injury, property damage, personal and advertising injury and broad form contractual liability coverage.
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Request For Quotation ADED15-00005257 Special Terms and Conditions • • • • •
2.
4.
$1,000,000 $ 500,000 $ 500,000 $ 25,000 $ 500,000
a.
The policy shall be endorsed (Blanket Endorsements are not acceptable) to include the following additional insured language: “The State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor.” Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract.
b.
Policy shall contain a waiver of subrogation endorsement (Blanket Endorsements are not acceptable) in favor of the “State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees” for losses arising from work performed by or on behalf of the Contractor.
Business Automobile Liability Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in the performance of this Contract. •
3.
General Aggregate Products – Completed Operations Aggregate Personal and Advertising Injury Damage to Rented Premises Each Occurrence
Combined Single Limit (CSL)
$500,000
a.
The policy shall be endorsed (Blanket Endorsements are not acceptable) to include the following additional insured language: “The State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor, involving automobiles owned, leased, hired or borrowed by the Contractor.” Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract.
b.
Policy shall contain a waiver of subrogation endorsement (Blanket Endorsements are not acceptable) in favor of the “State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees” for losses arising from work performed by or on behalf of the Contractor.
c.
Policy shall contain a severability of interest provision.
Worker's Compensation and Employers' Liability • Workers' Compensation • Employers' Liability Each Accident Disease – Each Employee Disease – Policy Limit
Statutory $ 500,000 $ 500,000 $ 500,000
a.
Policy shall contain a waiver of subrogation endorsement (Blanket Endorsements are not acceptable) in favor of the “State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees” for losses arising from work performed by or on behalf of the Contractor.
b.
This requirement shall not apply to: Separately, EACH contractor or subcontractor exempt under A.R.S. § 23-901, AND when such contractor or subcontractor executes the appropriate waiver (Sole Proprietor/Independent Contractor) form.
Professional Liability (Errors and Omissions Liability) Each Claim Annual Aggregate a.
$ 500,000 $1,000,000
In the event that the professional liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed.
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Request For Quotation ADED15-00005257 Special Terms and Conditions b.
The policy shall cover professional misconduct or negligent acts for those positions defined in the Scope of Work of this contract.
B. Additional Insurance Requirements: The policies shall include, or be endorsed (Blanket Endorsements are not acceptable) to include, the following provisions: 1.
The Contractor's policies shall stipulate that the insurance afforded the contractor shall be primary insurance and that any insurance carried by the Department, and its agents, officials, employees or the State of Arizona shall be excess and not contributory insurance, as provided by A.R.S. § 41-621 (E).
2.
Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of this Contract.
C. Notice Of Cancellation: With the exception of (10) day notice of cancellation for non-payment of premium, any changes material to compliance with this contract in the insurance policies above shall require (30) days written notice to the State of Arizona. Such notice shall be sent directly to the Department and shall be sent by certified mail, return receipt requested.
D. Acceptability Of Insurers: Contractors insurance shall be placed with companies licensed in the State of Arizona or hold approved non-admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers. Insurers shall have an “A.M. Best” rating of not less than A- VII. The State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.
E. Verification Of Coverage: Contractor shall furnish the State of Arizona with certificates of insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract. The certificates for each insurance policy are to be signed by an authorized representative. All certificates and endorsements (Blanket Endorsements are not acceptable) are to be received and approved by the State of Arizona before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract. All certificates required by this Contract shall be sent directly to the Department. The State of Arizona project/contract number and project description shall be noted on the certificate of insurance. The State of Arizona reserves the right to require complete copies of all insurance policies required by this Contract at any time.
F. Subcontractors: Contractors’ certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the State of Arizona separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above.
G. Approval: Any modification or variation from the insurance requirements in this Contract shall be made by the contracting agency in consultation with the Department of Administration, Risk Management Division. Such action will not require a formal Contract amendment, but may be made by administrative action.
H. Exceptions: In the event the Contractor or sub-contractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self-Insurance. If the contractor or sub-contractor(s) is/are a State of Arizona agency, board, commission, or university, none of the above shall apply. 21. Applicable Law: In accordance with ARS § 41-2501, et seq, and AAC R2-7-101, et seq, Contract shall be governed and interpreted by the laws of the State of Arizona and the Arizona Procurement Code. 22. Non-Availability of Funds: In accordance with ARS § 35-154, every payment obligation of the State under the Contract is conditioned upon the availability of funds appropriated or allocated for payment of such obligation. If funds are not allocated and available for the continuance of this Contract, this Contract may be terminated by the State at the end of the period for which funds are available. No liability shall
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Request For Quotation ADED15-00005257 Special Terms and Conditions accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 23. Conflict of Interest: In accordance with A.R.S. § 38-511, State may within three years after execution cancel the Contract, without penalty or further obligation, if any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the State, at any time while the Contract is in effect, becomes an employee or agent or any other party to the Contract in any capacity or a consultant to any other party of the Contract with respect to the subject matter of the Contract. 24. Non-Discrimination: In accordance with ARS § 41-1461, et seq, Contractor shall provide equal employment opportunities for all persons, regardless of race, color, creed, religion, sex, age, national origin, disability or political affiliation. Contractor shall comply with the Americans with Disabilities Act. 25. Federal Immigration and Nationality Act: The Contractor shall comply with all federal, state and local immigration laws and regulations relating to the immigration status of their employees during the term of the Contract. Further, the Contractor shall flow down this requirement to all subcontractors utilized during the term of the Contract. The State shall retain the right to perform random audits of Contractor and subcontractor records or to inspect papers of any employee thereof to ensure compliance. Should the State determine that the Contractor and/or any subcontractors be found noncompliant, the State may pursue all remedies allowed by law, including, but not limited to; suspension of work, termination of the Contract for default and suspension and/or debarment of the Contractor. 26. E-Verify Requirements: In accordance with A.R.S. § 41-4401, Contractor warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with AAC Section A.R.S. § 23-214, Subsection A.
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Request For Quotation ADED15-00005257 Scope of Work 1.
Background: The requirements for maintaining the uniformity of state tests, the security before, during, and after state test administrations, and the confidentiality of student data are contained in Arizona Revised Statutes 15-741(A)(3); 15-743(B); and Arizona Administrative Code R7-2-310(B)(3) through (5), (B)(11), (C), and (D). Additionally, the state tests must adhere to test security and student confidentiality Standards 8.5, 8.6, 8.9, through 8.12, 9.17, 9.19, 9.21 through 9.23, and 10.18 as established by Standards for Educational and Psychological Testing [© 2014 AERA, APA, NCME]. To oversee the fulfillment of these statutory requirements and maintain adherence to large-scale statewide testing standards regarding test security and student confidentiality, the position of State Test Security Officer was created. Under the direction of the State Test Security Officer, a plan was developed, identifying the key components of test security for the statewide assessments. The plan indicates the practices and procedures already in place that address test security both at ADE and at the local level, as well as provides a framework for instituting an ongoing system of prevention, detection, and investigation of test security and student confidentiality violations. Also included in the plan is the future development of the Arizona Test Security Manual to serve as a handbook for Arizona-specific test security procedures, a guide to what is considered to be acceptable/unacceptable student and adult behaviors, and a cautionary booklet that addresses the investigation of test irregularities.
2.
Purpose: For several years, the Arizona Department of Education’s Assessment Section has established procedures and provided guidance involving security of and for its statewide assessments. In an effort to maximize the strengths and minimize the weaknesses of Arizona’s new test security program, an audit of what is currently being done and what should be instituted is essential. Additionally, the development of a test security manual is crucial to fulfilling a significant element of the test security plan as well as helping facilitate the understanding of test security requirements at state and local levels.
3.
Qualification of the Offeror: • • • • •
4.
ADEs preference is that the Offeror has a minimum of five years’ experience. Evidence of knowledge concerning current test security methodologies and processes. Experience in performing test security audits at the state level. Experience with developing state test security manuals (handbooks). Experience at the state level in conducting investigations of testing irregularities
Test Security Audit: A. Offeror shall use industry standards to perform an audit of ADE’s test security program. This shall be accomplished by reviewing and analyzing the test security materials sent electronically by ADE and through consultation/interviews with ADE’s test security personnel telephonically. B. The audit shall be conducted for the following areas: 1) Test Security Policies and Plan – A review of ADE’s general security policies and the policy and plan specific to test security shall be performed. 2) Personnel Roles and Responsibilities – The job description for the State Test Security Officer along with the description of the test security responsibilities of the Achievement Testing State Test Coordinator will be sent to the Offeror for review. 3) Test Creation, Publication, and Distribution – The process, procedures, committees, and security for item and test development for state tests shall be reviewed. A review of the process used to secure the items and tests during publication and distribution shall be performed. 4) Test Security Agreement, TAD, and TCM – An audit of the verbiage for the Test Security Agreement, Test Administration Directions (TAD), and the Test Coordinator’s Manual (TCM) shall be performed. 5) Procedures Before, During, and After Testing – The procedures for keeping the tests (and items) secure before, during, and after the test administration shall be reviewed. This shall include the process of test material preparation; the secure storage of tests before and during testing; the administration of the tests; the conduct required by students and adults before, during, and after testing; the collection/picking up of test materials; the scoring of tests; and reporting (communicating) of test results. Page 12 of 21
Request For Quotation ADED15-00005257 Scope of Work 6) Maintenance and Storage of Secure Materials – The processes, procedures, and physical locations for maintenance and storage of all secure files, items, and tests shall be reviewed. This includes the review of encryption protocols, item banks, and physical locations for storage of secure materials. 7) Test Security Violations – Prevention, Detection, Investigation, and Determination Process – The plan and current process/procedures for the prevention, detection, investigation, and determination of possible test security violations shall be reviewed. A review of the current methodology for reporting the results of a test security violation investigation and the subsequent determination by ADE Accountability of suspected wrong-doing shall be performed. This review also includes procedures for the transmission of secure data to investigators and entities involved in test security investigations. 8) Student Confidentiality – A review of all processes and procedures for safeguarding student data and protecting student confidentiality shall be performed. This review includes the security procedures for access, use, and storage of student data by all individuals who come in contact with such information. 9) Other Areas – In order to meet industry standards, the Offeror shall request any additional materials from ADE to satisfy the needs of a proper test security audit. The ADE shall furnish such materials (if available) electronically to the Offeror. C. Offeror shall provide the following deliverables: 1) Security Audit – The Offeror shall perform an audit of ADE’s test security program within ten business days of the award of contract and receipt of review materials from ADE. 2) Verbal Discussion – Within five business days after beginning the audit and examining each area as listed in Part A, the Offeror shall provide ADE with its initial feedback concerning what is effective, what is ineffective, and what the recommendations would be to correct or enhance the test security areas. The Offeror can use this time to obtain additional information as needed. 3) Written Report Consultation – Within fifteen business days after the completion of the audit, the Offeror shall send a draft copy of the written report electronically and will consult with ADE telephonically to obtain further clarification, review recommendations, and provide the opportunity for ADE to comment on the proposed contents of the written report. 4) Final Written Report – Ten business days after the consultation, the Offeror shall provide ADE with an electronic copy of the final written report. The report will include identified test security weaknesses, strengths, and other recommendations to improve test security in Arizona. 5.
Test Security Manual: A. The Offeror shall develop and provide ADE with electronic versions of the Arizona Test Security Manual. The manual shall encompass all the areas and information as identified in the test security audit, as well as include Arizona-specific policies and procedures, identify parameters for acceptable/unacceptable student and adult behaviors, and provide cautionary verbiage regarding the investigation of test irregularities. B. One version of the Arizona Test Security Manual shall be designed for ADE’s use only, and another modified version shall be for statewide distribution. The statewide version shall not address secure, ADE-specific information, such as encryption protocols, item/test storage, procedures for suspected test security violation detection and investigation, etc. C. The Offeror shall provide ADE with draft versions (ADE-only and statewide) of the Arizona Test Security Manual. These draft manuals must be reviewed and approved by ADE prior to the delivery of the final ADE-only and statewide versions. D. Offeror shall provide the following deliverable: 1) Draft Copies of the Arizona Test Security Manuals – The Offeror shall deliver electronic draft copies of the Arizona Test Security Manual within twenty business days after the conclusion of the test security audit. 2) Final Copies of the Arizona Test Security Manuals – The Offeror shall deliver the final ADE-only and statewide electronic versions of the Arizona Test Security Manual within five business days after receipt of ADE’s revisions (if any) and approval of the draft copies of the manuals.
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Request For Quotation ADED15-00005257 Price Schedule Company Name: Offeror proposes to furnish all services and related materials as stated in the Scope of Work for the following all inclusive rate. Offeror may use additional sheets if necessary, but may not alter this form
** Please enter a nominal amount (.01) in the items/bid tab for award consideration. Price/Cost entered into ProcureAZ item tab will not be considered for award, the cost information provided on the Cost form is the cost that will be considered for award.**
Item No.
Description
Total Cost
1
Test Security Audit
$
2
Development of Test Security Manual
$
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Request For Quotation ADED15-00005257 QUESTIONNAIRE - REQUIRED INFORMATION 1.
Test Security Audit 1.1. Provide the approach to how the test security audit will be conducted 1.2. Provide the approach on how the following areas at a minimum will be incorporated into the test security audit. 1.2.1. Test Security Policies and Plan 1.2.2. Personnel Roles and Responsibilities 1.2.3. Test Creation, Publication, and Distribution 1.2.4. Test Security Agreement, TAD, and TCM 1.2.5. Procedures Before, During, and After Testing 1.2.6. Maintenance and Storage of Secure Materials 1.2.7. Test Security Violations – Prevention, Detection, Investigation, and Determination Process 1.2.8. Student Confidentiality
2.
Test Security Manual 2.1. Discuss the development of test security manual. 2.2. Provide a sample of a test security manual index or table of contents.
3.
Timeline 3.1. Provide a timeline of the steps necessary in completing the requirements of the solicitation, incorporating the deliverables from the scope of work. The timeline should include the time needed for completion of each necessary step and task with a completion date for the project being August 21, 2015.
4.
Experience 4.1. Evidence of knowledge concerning current test security methodologies and processes. 4.2. Experience in performing test security audits at the state level. 4.3. Experience with developing state test security manuals (handbooks). 4.4. Experience at the state level in conducting investigations of testing irregularities.
5.
Executive Summary, provide a summary of the steps your firm would take to assist the State of Arizona in meeting its needs as stated in the Scope of Work of the solicitation.
6.
Organizational Chart and list of key personnel responsible for performance of contract and indicate what areas of the contract that they will be responsible for performing.
7.
Express firm’s knowledge in regards to understanding and complying with Standards 8.5, 8.6, 8.9, through 8.12, 9.17, 9.19, 9.21 through 9.23, and 10.18 as established by Standards for Educational and Psychological Testing [© 2014 AERA, APA, NCME].
8.
At least three (3) verifiable professional references must be provided regarding services provided by the Offeror similar to those required under this Solicitation. (The Offeror should use the designated Attachment.)
9. Provide the resumes of key personnel who will be responsible in the performance of the contract.
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Request For Quotation ADED15-00005257 QUOTATION REQUIREMENTS This section contains instructions to Offerors on how to prepare their written responses to this RFP. If any relevant and material information is not provided, the offer may be rejected from consideration and evaluation. Quotations will be considered and evaluated based upon the Offeror’s full completion and response to the following, and any additional requirements herein, or stated in a separate Exhibit. Any response that does not adhere to these requirements may be deemed non-responsive and rejected on that basis.
*** NOTE: Preferred submittals of RFQ response would be all documentation provided in one PDF file in ProcureAZ. *** The proposal should be organized and indexed in the following format and should contain, at a minimum, the items listed in the sequence indicated: Questionnaire. (page 15) Complete per the instructions stated on the form. Offeror’s References. (page17) Complete per the instructions stated on the form. Offer and Acceptance. (page 2) Complete per the instructions stated on the form. Price Schedule. (page 14) Complete per the instructions stated on the form. Deviations and Exceptions (page 18) Complete per the instructions stated on the form. Confidential/Proprietary. (page 19) Complete per the instructions stated on the form. Trade Secret & Proprietary. (page 20) Complete per the instructions stated on the form. Certificate of Insurance
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Request For Quotation ADED15-00005257 OFFEROR'S REFERENCES
Company Name: Provide at least three (3) references, preferably within the past three years, in which the firm played a major role in providing a service similar in scope to that requested in the solicitation. The references provided should show the breadth of the firm's experience and demonstrated capabilities to support and manage these services. Use a separate sheet for each reference.
Reference Information Organization / Company Name: Street Address City/ST/Zip
Contact Name
Phone Number
Contact Information:
Contact Email Address
Project Description Estimated Cost:
Project Begin Date:
Project End Date:
Project Overview: (Include similar services performed as those required by this solicitation)
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Request For Quotation ADED15-00005257 Deviations and Exceptions
Offerors shall indicate any and all exceptions taken to the provisions or specifications or scope of work in this solicitation document. Exceptions (mark one): __________ No exceptions __________ Exceptions taken (describe –attach additional pages if needed) ***Exceptions taken that ADE considers a material change or a large number of exceptions will impact Offeror’s susceptibility for award***
The Undersigned hereby acknowledges that there are no deviations/exceptions to this solicitation other than those noted:
Firm Authorized Signature
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Request For Quotation ADED15-00005257 Confidential/Proprietary Submittals
Confidential/Proprietary Submittals (mark one): __________ No confidential/proprietary materials have been included with this offer __________ Confidential/Proprietary materials included. Offerors should identify below any portion of their offer deemed confidential or proprietary (see Uniform Terms and Conditions, paragraph 19). Identification in this section does not guarantee that disclosure will be prevented but that the item will be subject to review by the Offeror and the ADE Representative prior to any public disclosure. ***Requests to hold the entire offer or price as confidential will result in the Offer being deemed Not Susceptible for Award***
Firm Authorized Signature
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DESIGNATION OF CONFIDENTIAL, TRADE SECRET & PROPRIETARY INFORMATION PAGE 20
Solicitation No.: ADED15-00005257
Arizona Department of Education 1535 W. Jefferson St. Phoenix, AZ 85007
OF 21
Description: Test Security Audit Rev 10-2014
All materials submitted as part of a response to a solicitation are subject to Arizona public records law and will be disclosed if there is an appropriate public records request at the time of or after the award of the contract. Recognizing there may be materials included in a solicitation response that is proprietary or a trade secret, a process is set out in A.A.C. R2-7-103 (attached) that will allow qualifying materials to be designated as confidential and excluded from disclosure. For purposes of this process the definition of “trade secret” will be the same as that set out in A.A.C. R2-7-101(52). This form must be completed and returned with the response to the solicitation and any supporting information to assist the State in making its determination as to whether any of the materials submitted as part of the solicitation response should be designated confidential because the material is proprietary or a trade secret and therefore not subject to disclosure. All Offerors must select one of the following: My response does not contain proprietary or trade secret information. I understand that my entire response will become public record in accordance with A.A.C. R2-7-C317. My response does contain trade secret information because it contains information that: 1. 2. 3.
Is a formula, pattern, compilation, program, device, method, technique or process, AND Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; AND Is the subject of efforts by myself or my organization that are reasonable under the circumstances to maintain its secrecy.
Please note that failure to attach an explanation may result in a determination that the information does not meet the statutory trade secret definition. All information that does not meet the definition of trade secret as defined by A.A.C. R2-7-101(52) will become public in accordance with A.A.C. R2-7-C317. The State reserves the right to make its own determination of Proposer’s trade secret materials through a written determination in accordance with A.A.C. R2-7-103. If the State agrees with the proposer’s designation of trade secret or confidentiality and the determination is challenged, the undersigned hereby agrees to cooperate and support the defense of the determination with all interested parties, including legal counsel or other necessary assistance. By submitting this response, proposer agrees that the entire offer, including confidential, trade secret and proprietary information may be shared with an evaluation committee and technical advisors during the evaluation process. Proposer agrees to indemnify and hold the State, its agents and employees, harmless from any claims or causes of action relating to the State’s withholding of information based upon reliance on the above representations, including the payment of all costs and attorney fees incurred by the State in defending such an action.
Company Name
Signature of Person Authorized to Sign
Address
Printed Name
City
State
Zip
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Title
DESIGNATION OF CONFIDENTIAL, TRADE SECRET & PROPRIETARY INFORMATION PAGE 21
Solicitation No.: ADED15-00005257
Arizona Department of Education 1535 W. Jefferson St. Phoenix, AZ 85007
OF 21
Description: Test Security Audit Rev 10-2014
R2-7-103. Confidential Information A. If a person wants to assert that a person's offer, specification, or protest contains a trade secret or other proprietary information, a person shall include with the submission a statement supporting this assertion. A person shall clearly designate any trade secret and other proprietary information, using the term "confidential". Contract terms and conditions, pricing, and information generally available to the public are not considered confidential information under this Section. B. Until a final determination is made under subsection (C), an agency chief procurement officer shall not disclose information designated as confidential under subsection (A) except to those individuals deemed by an agency chief procurement officer to have a legitimate state interest. C. Upon receipt of a submission, an agency chief procurement officer shall make one of the following written determinations: 1. The designated information is confidential and the agency chief procurement officer shall not disclose the information except to those individuals deemed by the agency chief procurement officer to have a legitimate state interest; 2. The designated information is not confidential; or 3. Additional information is required before a final confidentiality determination can be made. D. If an agency chief procurement officer determines that information submitted is not confidential, a person who made the submission shall be notified in writing. The notice shall include a time period for requesting a review of the determination by the state procurement administrator. E. An agency chief procurement officer may release information designated as confidential under subsection (A) if: 1. A request for review is not received by the state procurement administrator within the time period specified in the notice; or 2. The state procurement administrator, after review, makes a written determination that the designated information is not confidential.
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